Law Commons^™

On The Admissibility Of Expert Testimony In Kansas, Mark D. Hinderks, Steve Leben

Faculty Works

No abstract provided.

Competition And The Curve, Barbara Glesner Fines

Faculty Works

In judging pedagogical issues, most law professors favor their own experiences as students: the best way to teach is the way they were taught. I suspect that I am no different in this respect. Unlike most faculty, however, I was taught without the grading game playing a central role in my education. My undergraduate education was at a small, public, interdisciplinary, liberal arts college, with no departments, no majors, no curricular requirements to speak of, no tests and, most critically, no grades. I loved my education. It stays with me today. I attribute that retention and enthusiasm to the learning …

If It Can't Be Lake Woebegone . . . A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Robert C. Downs, Nancy Levit

Faculty Works

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Works

No abstract provided.

Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth D. Ferguson

Faculty Works

In Taylor v. Freeland & Kronz, over the trustee's untimely objection, the Supreme Court permitted the bankruptcy debtor to exempt $110,000 that was ineligible under substantive exemption law. The Court rejected the view that unless the debtor had a good faith claim to the exemption or a statutory basis for the exemption, even an untimely objection to the debtor's claim of exemption could terminate the debtor's right to the exemption. Disturbed by the prospects of debtors receiving unjustified windfalls, several courts have developed "informal objection" doctrines to circumvent the "strict constructionist" doctrine of Taylor. However, Taylor's potential for encouraging debtors …

Derivative Securities: Governmental Entities As End Users, Bankrupts And Other Big Losers, Robert C. Downs, Lenora J. Fowler

Faculty Works

No abstract provided.

Mr. Carter Goes To Washington, Allen K. Rostron

Faculty Works

Jimmy Carter's presidency began like Frank Capra's "Mr. Smith Goes to Washington" (1939), as the tale of an idealistic and innocent outsider making his way from a humble small town to the nation's capital. Following that promising beginning, disappointment and frustration followed. The story of Carter's undoing found reflection in several films of that era, particularly "...And Justice for All" (1979), "The Seduction of Joe Tynan" (1979), and "Brubaker" (1980). Each concerns an idealistic hero whose uncompromised good intentions cannot prosper. These films capture a unique period when events tested America's enduring belief in the efficacy of virtue.

The Use Of Mediation And Arbitration For Resolving Family Conflicts: What Lawyers Think About Them, Mary Kay Kisthardt

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The use of alternative methods for resolving family conflict has increased significantly in the past few years, but many attor­neys are still wary. In an effort to discover some of the sources of this hesitation as well as identify support for "alternative" processes, the American Academy of Matrimonial Lawyers sur­veyed its members concerning the use of dispute resolution methods. The purpose of this study was to ascertain attorneys' perceptions of the advantages and disadvantages of the two most commonly used alternative dispute resolution mechanisms: me­diation and arbitration. Whether clients will continue to use these methods depends in great part on …

Unjust Dismissal And The Contingent Worker: Restricting Doctrine For The Restructured Employee, Mark Berger

Faculty Works

No abstract provided.

Valuation Of Closely Held Business Interests, Edwin T. Hood, John J. Mylan, Timothy P. O'Sullivan

Faculty Works

No abstract provided.

Anasazi Jurisprudence, John W. Ragsdale Jr

Faculty Works

No abstract provided.